UK Property Law

Get UK Property Law Questions Answered by Experts

Ask an Expert,
Get an Answer ASAP!

UK Property Law
This answer was rated:

I am a landlord and my tenant has not paid her rent in full

for the last 4 months...
I am a landlord and my tenant has not paid her rent in full for the last 4 months. She has only paid the rent on time once since her tenancy began 13 months ago, I spoke with her informally about this on two occasions. I sent her a notice of termination of tenancy on 10 July 2012 advising her that her tenancy would be terminated on 31 August 2012. I have heard via an aquaintance that she intends to remain in the property as she feels I cannot evict her as she is in receipt of housing benefit. She has not answered my telephone calls since receiving the termination notice (sent by special delivery and receipt confirmed)

Is there anything I should be doing in preparation for 31 August 2012? Do I have to wait until then to send her notice seeking possession of the property?
Show More
Show Less
Ask Your Own UK Property Law Question
Answered in 1 minute by:
8/7/2012
Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7,626
Experience: BA (Hons), PgDip, Practising Solicitor
Verified
Hi
Thanks for your question/n .

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. What is the fixed term of the tenancy agreement please
2. How months of arrears has she clocked up
3. What form of notice did you serve on her? S21 notice, s8 notice?
Kind regards.

Tom
Ask Your Own UK Property Law Question
Customer reply replied 5 years ago
1. 12 months (start date 01/07/2011)
2. Her rent is GBP2000 per month, she paid GBP 1500 in June and GBP 1000 in July
Hi,

Thanks.

What notice did you serve on her? S21 notice, or s8 notice?

Tom
Ask Your Own UK Property Law Question
Customer reply replied 5 years ago
Extract from termination letter sent 10 July 2012:


I telephoned you this morning but was unable to speak with you or leave a message. I am writing to give you notice of termination of the tenancy atXXXXXon Friday 31st August 2012. The tenancy agreement states that I should give you one month’s notice but I am giving you over seven weeks.


 


The property must be vacated by 6pm on Friday 31st August, if you find a new property to live in before then and wish to move out sooner, I will accept rental payment until you move out rather than until the end of August. (for example if you move out on 16th of August you will only ned to pay half of August’s rent.) I will contact you again to arrange a time to inspect the property and handover keys.


Hi,

Okay, so you were exercising a break clause then.

Can I have the wording of the break clause please?

From when in the tenancy were you permitted to terminate the tenancy using the break clause?

Tom
Ask Your Own UK Property Law Question
Customer reply replied 5 years ago
No, I was not intending to exercise a break clause. The tenancy was for 12 months (01.07.2012 - 30.06.2012) the rent was consistently late and was not paid in full for the last two months so I sent a letter on 10.07.2012 terminating the tenancy. I think that I should have included in the termination letter some information about sending a notice seeking possession if she does not leave by the end of the notice period.
Ok.

That notice is not sufficient to get possession I'm afraid. I can tell you how to get possession though.

Is she two months in arrears at the present time?

Tom
Ask Your Own UK Property Law Question
Customer reply replied 5 years ago
She is two months in arrears at the present time
Drafting you answer. 5 mins.

Tom
Ask Your Own UK Property Law Question
Hi

Thanks for your patience.

Because the fixed term of the tenancy agreement has expired it has now become a statutory periodic tenancy. This means that you must give the tenancy two months notice in the correct form. Theynotice you have served is not valid.

You will have to download from an internet provider a Section 21(4)(a) Housing Act 1988 notice. The notice period is two months with such notice to expire at the end of a rent period. Serve by registered post and allow three working days for postage. The template you download will probably have notes on serving it appropriately, but there are some here just in case:-
http://www.landlordzone.co.uk/pdf/servingS21.pdf

Once served and the notice period has expired you will have to apply to court for a possession order. You cannot evict her without a Court Order. The easiest way is online:-
https://www.possessionclaim.gov.uk/pcol/

If the tenant does not leave when the notice expires then you will have to apply to Court for a warrant for execution so that the Court bailiffs effect eviction.

If the tenant pays their rent monthly and is two months in arrears with the rent then you can serve a s8 Ground 8 Housing Act 1988 under ground 8 notice giving only two weeks notice. Again, the notice has to be in the correct form and served properly so you should use one of the online providers.

I would serve both notices, using the s21 notice as a failsafe.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7,626
Experience: BA (Hons), PgDip, Practising Solicitor
Verified
Thomas and 87 other UK Property Law Specialists are ready to help you
Ask your own question now
Ask Thomas Your Own Question
Thomas
Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7,626
7,626 Satisfied Customers
Experience: BA (Hons), PgDip, Practising Solicitor

Thomas is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Aston Lawyer

Aston Lawyer

Property Solicitor

1,734 satisfied customers

LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law

Thomas

Thomas

Lawyer

7,626 satisfied customers

BA (Hons), PgDip, Practising Solicitor

Clare

Clare

Solicitor

1,322 satisfied customers

25 years exeperience

INC

INC

Solicitor-Advocate

812 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Alex J.

Alex J.

Law

447 satisfied customers

LPC, 2 Years Conveyancing

Buachaill

Buachaill

Barrister

282 satisfied customers

Barrister 17 years experience

Matt J

Matt J

Solicitor

216 satisfied customers

LLB(HONS)

< Previous | Next >

Related UK Property Law Questions
Denning, with my 1/3/2012 accepted question. Original
Dear Law Denning, Please follow up with my 1/3/2012 accepted question. Original Question URL: http://www.justanswer.com/uk-property-law/61pnu-concerned-electrics-flat-ask.html… read more
Law Denning
Law Denning
Solicitor
PGDLaw
7,641 satisfied customers
My neighbour has a right of way over my drive so that she
My neighbour has a right of way over my drive so that she could, if she dismantles a moveable fence at the top of the drive, enter her garden that way. She has not exercised that right in about 10 yea… read more
Jamie-Law
Jamie-Law
4,918 satisfied customers
I would like to know if a property classified as an HMO can
I would like to know if a property classified as an HMO can be deemed to be in breach of the house;s covenant that it must be a 'single private dwelling house' … read more
Jamie-Law
Jamie-Law
4,918 satisfied customers
Follow up with my 2/20/2012 3:50:39 PM UTC accepted
Dear Jomo1972, Please follow up with my 2/20/2012 3:50:39 PM UTC accepted question. Original Question URL: http://www.justanswer.com/uk-property-law/69zf9-i-m-american-expat-renting-house-london-i-ve.… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,468 satisfied customers
My tenants and I are defendants in a small court court case
Dear FE Smith My tenants and I are defendants in a small court court case to do with a right of way. The first hearing determined the temporary agreement in relation to the right of way, which is to c… read more
Jamie-Law
Jamie-Law
4,918 satisfied customers
I'm about to file an application to adjourn the date of a
I'm about to file an application to adjourn the date of a preliminary hearing regarding a flea infestation claim I'm defending. whilst filing the application I also would like to present my defense ca… read more
Jamie-Law
Jamie-Law
4,918 satisfied customers
I want to change the ownership proportion in our UK property
Hello, I want to change the ownership proportion in our UK property Deed of Trust. All parties agree to the change. What is the best (common) way to do this? Do you revoke the existing Deed of Trust a… read more
Clare
Clare
Solicitor
Bachelor's Degree
1,322 satisfied customers
I'm a tenant in common with my brother on a UK property. A
Hi, i'm a tenant in common with my brother on a UK property. A number of years ago my parents were in financial difficulties and I stepped into save the family home with my elder brother. I did not li… read more
Law Denning
Law Denning
Solicitor
PGDLaw
7,641 satisfied customers
I recently sent this reply to a question that was answered
Hi, I recently sent this reply to a question that was answered but I haven't heard anything and it's been a week. Not sure if it has been received and wondering if someone else can helpI partly own a … read more
Clare
Clare
Solicitor
Bachelor's Degree
1,322 satisfied customers
I am renting via an agency and they have been really bad at
hi, I am renting via an agency and they have been really bad at repairing things like the boiler, the windows, installing a fire alarm etc.. it took them 7 months (from Oct 2008 to May 2009) and final… read more
DR Lawyer
DR Lawyer
BA (HONS) Pgdl Pgdlp
2,318 satisfied customers
If a UK property transaction is less valued at less than
If a UK property transaction is less valued at less than 125,000 then there is no SDLT to pay. However, does an SDLT form need to be filed with the Inland Revenue… read more
Aston Lawyer
Aston Lawyer
Property Solicitor
LLB (HONS)
1,734 satisfied customers
I am currently residing in the UK. I have 2 Plots (Property
Hello,I am currently residing in the UK. I have 2 Plots (Property Land) in Pakistan on my name which were bought by my Father and Sister for me around 5 years ago. I have both Plots (Property Land) on… read more
Nick H
Nick H
LLB
115 satisfied customers
I have lived on a peice of land owned by my grandfather for
I have lived on a peice of land owned by my grandfather for 4 years, after he asked me to move on, in a mobile home and start a plant nursery business. I would like to know what rights I have if he as… read more
Mike GS
Mike GS
35 years experience English Solicit
1,198 satisfied customers
I wanted to know if I need to complete the certificate of
I wanted to know if I need to complete the certificate of service on the N5B form. I am a private landlord applying for possession order on section 21 grounds.Also, I served the section 21 to my tenan… read more
JimLawyer
JimLawyer
GD Law
72 satisfied customers
Team, I have had my house repossessed it was in a joint
Hi team, I have had my house repossessed it was in a joint Mortgage with my estranged wife. We have been separated over 5 years. The house has been sold and there is Apprx £30,000 left to be split wit… read more
Clare
Clare
Solicitor
Bachelor's Degree
1,322 satisfied customers
Subject: Neighbour wants to install gas flue inspection
Subject: Neighbour wants to install gas flue inspection hatches in my bedroom Hello Hope you are well. I hope you can help me out with a query that I have, I own a flat which is part of a criss-cross … read more
Jamie-Law
Jamie-Law
4,918 satisfied customers
I was in a process of purchasimg a property.paid the
hi. I was in a process of purchasimg a property.paid the deposit. then recieved an email from my solicitor to release more funds. which I did. then another that the fund was returned. and pay more mon… read more
JG_Legal
JG_Legal
Barrister
Legal Practice Course
36 satisfied customers
I'm looking for more information on adverse possesion. We
I'm looking for more information on adverse possesion. We have unregistered land adjoining our property and are looking to know how to claim it. Also wondering if we have to go down the adverse posses… read more
Clare
Clare
Solicitor
Bachelor's Degree
1,322 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x